''And what about some severe or permanent damage to
the mother's health short of death?''

"That's another tough question in public policy
terms. The [Roman Catholic] Church would oppose abortion.''

From .......... GOVERNING AMERICA - An Insider's Report

From the White House and the Cabinet

By Joseph A. Califano, Jr.

57 ................. ABORTION

By Wednesday, the day before my confirmation hearing, the National Abortion
Rights Action League had asked to appear, on behalf of fourteen groups
which supported federal funds for abortion, before both Senate committees
scheduled to hear me testify on my nomination.

As I drove to my office early on Thursday morning, the radio news broadcasts
were announcing that Senator Robert Packwood of Oregon, a staunch
proponent of Medicaid-funded abortions and member of the Finance Committee
which had jurisdiction over my nomination, would question me closely on
abortion and might well oppose my nomination unless I changed my reported
views.

I needed a much more sophisticated grasp of the political code words
on abortion. I knew my own position, but the Senate hearing rooms of Washington
were paneled and carpeted with good intentions and clear views ineptly
expressed by well-meaning witnesses. I wanted to be sure I could maneuver
through the verbal and emotional mine field of pro- and anti-abortionists.
It was imperative for those in the abortion controversy, from Cardinal
Cooke to National Abortion Rights Action League Executive Director
Karen Mulhauser, to understand the words I spoke as I meant them, and I
wanted to be confident that I knew what they would hear when I spoke. Far
more careers have been shattered in Washington because of what people say
than because of what they do Ñ and far more often through words
spoken by inadvertence or ignorance than by design.

As I parked my car, I recalled Father English's
recommendation of Father Richard McCormick as an ethicist
well versed in the abortion controversy. I called him as soon as I
got to the office. I told him I had only a few minutes before leaving for
the Senate hearing. I quickly reviewed the old ground with him, the obligation
to enforce a law contrary to my personal view. Then I moved to some of
the harder questions, about pursuing a public policy for our pluralistic
country that differed from my personal beliefs.

"What about rape and incest? In terms of public policy, it seems
to me that when a woman has been the victim of rape or incest, a case can
be made to permit an immediate abortion."

''First of all,'' McCormick responded.

''the woman may be able to solve the problem if she acts fast enough
without even getting to an abortion. Even after fertilization but before
implantation in the uterus, there are things like twinning and possible
recombination of fertilized eggs. These things create doubt about how we
ought to evaluate life at this stage. It may take as long as fourteen days
for the implantation process to end."

58 ............... GOVERNING AMERICA

"Do you mean that from an ethical point of view, you don't see
any abortion problem for up to two weeks?" I asked.

"I mean there are sufficient doubts at this stage to lead me to
believe it may not be wrong to do a dilation and curettage after rape.
It's very doubtful that we ought to call this interruption an abortion.
Absolutist right to life groups will still complain. But serious studies
support this. The pro-abortionists feel very strongly about rape and incest.''

"Suppose the doctor says the child will be retarded, or severely
handicapped physically?''

''That is a much more difficult question. The Church would not permit
an abortion, and the right to life and pro abortion groups feel deeply
here,'' McCormick replied.

''And what about some severe or permanent damage to the mother's
health short of death?''

"That's another tough question in public policy terms. The Church
would oppose abortion.''

"Well, it's going to be an interesting morning,'' I mused aloud.

McCormick summed up rapidly.

''You should always keep in mind three levels of distinction here. First,
there is the personal conscience and belief thing. Second, there
is what the appropriate public policy should be in a pluralistic democracy,
which could be more liberal on funding abortions than one would personally
approve as a matter of conscience or religious conviction. Actual abortion
for rape and incest victims might be an example here. And third,
there is the obligation of the public official to carry out the law the
nation enacts.''

''So I could pursue a policy for the country that funded abortion for
rape and incest victims even though the Church - and I as a matter of personal
and religious conviction - opposed abortion under those circumstances."

''Yes, you could."

I thanked him and rushed out of the office to my confirmation hearing.

I had to walk past a long line of people waiting to get into the standing-room-only
Senate Finance Committee room in the Dirksen Building. Inside the door
I had to weave through spectators and climb over legs to get to the witness
table. The lights of all three networks were on me, sporadically augmented
by clicking cameras and flashing bulbs from photographers sitting and kneeling
on the floor in front of me. Seated behind their elevated and curved paneled
rostrum, the committee members and staff looked down at me.

The hearing began promptly at 10:00 A.M. After fifteen minutes in which
I made a brief opening statement and received some generous praise from
Chairman Russell Long, Senator Packwood began:

"Mr. Califano, you know I have some strong feelings about abortion
...... What is your personal view on abortion ?"